知识产权国际博弈与中国话语的价值取向

美国在知识产权全球治理中呈现出一味强化权利保护的价值倾向。受其影响,知识产权保护的国际规则呈现不断强化之势。但是,美国在国内法中存在对知识产权强化保护的平衡机制,有别于其对外片面输出强化保护规则。一味强化保护的知识产权制度会走向偏颇。我国在知识产权国际博弈和对话中需要提出自己的话语和话语体系,其前提是明确本国话语的价值取向。相比历史、文化取向而言,话语构造的价值取向路径具有优越性。在国际博弈中,我国宜秉持并提倡知识产权法的二元价值取向。二元价值取向契合知识产权法基本原理,体现了世界共同价值,其核心作用在于纠偏,我国应坚持和发扬这一价值取向。     

Public preferences regarding police facebook posts: a macro-level analysis

ABSTRACT

Police agencies have adopted social media quite widely, but researchers have paid relatively little attention to the phenomenon. To date few studies have explored public reaction to police use of social media. The current study uses a purposive sample with 7,116 police Facebook posts collected from 14 different police agencies during a one-year period to answer two principal research questions: (1) with respect to the number of likes, number of shares, or number of comments regarding different themes present in police Facebook posts, are there differences among police agencies corresponding to differences in the thematic content in their postings? and (2) What factors are related to the public reaction (i.e., likes, shares, comments) to a police Facebook post? The findings from ANOVA and negative binomial regression models clearly indicate that citizens do have definite preferences on police Facebook posts – they are more likely to like and make comments on posts of police personnel and police-public relations, but less likely to share posts of Social Networking Sites. Also, they are more prone to like posts with narratives and pictures, but less likely to favor posts containing hyperlinks. Policy implications and practice guidelines, study limitations, and future research are also discussed.     

Situational factors and police use of force across micro-time intervals: A video systematic social observation and panel regression analysis

The current study analyzes police use of force as a series of time-bound transactions between officers, civilians, and bystanders. The research begins with a systematic social observation of use-of-force events recorded on police body-worn cameras in Newark, New Jersey. Researchers measure the occurrence and time stamps for numerous participant physical and verbal behaviors. Data are converted into a longitudinal panel format measuring all observed behaviors in 5-second intervals. Panel logistic regression models estimate the effect of each behavior on use of force in immediate and subsequent temporal periods. Findings indicate certain variables influence use of force at a distinct point in time, whereas others exert influence on use of force across multiple time periods. The most influential variables relate to authority maintenance theoretical constructs. This finding supports prior perspectives arguing that police use of force largely results from officer attempts to maintain constant authority over civilians during face-to-face encounters. Nonetheless, a range of additional variables reflecting procedural justice, civilian resistance, and bystander presence significantly affect when police use force during civilian encounters. Results provide nuance to theoretical frameworks considering use of force as resulting from the interplay between officer and civilian actions and reactions.     

The development and pilot testing of a family treatment court best practices assessment: The model standards implementation scale

In 2019, the family treatment court (FTC) best practice standards (the Standards) were published to clarify attributes of FTC programs associated with superior child, parent, and family outcomes. The Standards cover the breadth of FTC operations including program structure and leadership, substance use treatment and complementary services, and behavioral responses to participants. This study aimed to develop an instrument (the Model Standards Implementation Scale; “MSIS”) that stakeholders can use to assess implementation of the Standards by individual FTCs. The MSIS balances usability with scientific validity. Interrater reliability (IRR), internal consistency, and several types of validity were assessed. Results indicated moderate to strong IRR, high internal consistency, mixed known groups validity depending on Standard, and high convergent and divergent validity. Initial findings suggest good validity and usability of the MSIS for evaluating FTC Standards' implementation. Notably, the process of using the tool functioned to educate FTC team members on the Standards. Although implementation of the MSIS is a resource-intensive process, the opportunity to receive constructive feedback proved to be an effective incentive for initial and subsequent participation in the evaluation among FTCs. Future research is needed to examine predictive validity, including association between Standards' implementation and family outcomes in FTCs.     

Colliding intervention in the spatial management of street-based injecting and drug-related litter within settings of public convenience (UK)

This paper considers the structural production and amplification of tensions surrounding the issue of street-based injecting drug use and drug-related litter (injecting paraphernalia) discarded in public settings. These tensions, it is argued, is a consequence of colliding intervention (policy and practice) brought about by conflicting connections between national/local drug strategy and micro-level forms of governance regarding the spatial management of public space. These colliding interventions have negative consequences upon harm reduction and the formation of enabling environments. The paper draws upon data obtained from a five-year (multi-site) ethnographic study of street-based injecting conducted throughout the south of England during 2006–2011.     

Colonia Housing Conditions in Model Subdivisions: A Déjà Vu for Policy Makers

The informal self-help settlements in Texas known as colonias have received considerable attention as a public policy problem at both the state and federal levels. These settlements proliferated throughout the border region since the late 1970s and research has highlighted the extreme poverty, austere levels of infrastructure, exploitative land sale practices, and poor housing conditions that characterized these settlements. However, both scholars and policymakers have overlooked the continued spread of self-help settlements known as “model subdivisions,” which barring the presence of basic water, wastewater, and electricity services, are nearly identical to colonias. We present the results of household surveys conducted with residents in 24 model subdivisions in Hidalgo County, Texas, in June 2014. The results suggest that, unbeknown to legislators, many of the problems that characterized colonias are now being reproduced in hundreds of model subdivisions that have formed since the 1990s, and which now require concerted attention and intervention by policy makers.     

Responsibility to Protect: Russia’s Approaches

Abstract

Russia’s predominantly suspicious and even negative attitudes toward R2P are closely related to its traditional attachment to the notion of sovereignty, but its reluctance to ‘bless’ the use of force with R2P also serves as a pretext to cover various instrumental goals. Russia’s more assertive foreign policy has exacerbated this trend. Disagreements stem from differences between Russia and the West both in their conceptual approaches to security and in their assessments of specific cases. In particular, Russia has an existential concern over possible application of R2P by extra-regional actors in its immediate post-Soviet vicinity. However, in the conflicts around South Ossetia (2008) and Crimea / Southeastern Ukraine (2014-), there was a noticeable trend to refocus R2P-related arguments in support of Russia’s own actions. By and large, R2P continues to be perceived as a Western attempt to establish certain rules of behaviour which require caution and prudence. Nevertheless, more positive attitudes do not seem impossible. To play a prominent role in the evolving international system, Russia will have to make the R2P segment of its foreign policy more salient and overcome the lag in promoting this concept as a working tool indispensable for cooperative and responsible leadership.     

A Comparison of Dental Chartings Performed at the Joint POW/MIA Accounting Command Central Identification Laboratory and the Kokura Central Identification Unit on Remains Identified from the Korean War

During the Korean War, the Office of the Quartermaster General's Graves Registration Service (GRS) was responsible for the recovery, processing, identification, and repatriation of US remains. In January 1951, the GRS established a Central Identification Unit (CIU) at Kokura, Japan. At the Kokura CIU, postmortem dental examinations were performed by the dental technicians. Thirty‐nine postmortem dental examinations performed at the CIU were compared to the findings documented in the Forensic Odontology Reports written at the JPAC Central Identification Laboratory (CIL). Differences were noted in 20 comparisons (51%). The majority of the discrepancies was considered negligible and would not alter the JPAC decision to disinter a set of unknown remains. Charting discrepancies that were considered significant included the occasional failure of the Kokura technicians to identify teeth with inter‐proximal or esthetic restorations and the misidentification of a mechanically prepared tooth (i.e., tooth prepared for a restoration) as a carious surface.     

公安机关监控民用爆炸物品流向的措施

公安机关为了更好地实现对民用爆炸物品公共安全管理和民用爆炸物品购买、运输、爆破作业的安全监督管理的职能,有效监控民用爆炸物品流向,应通过地方立法,对涉爆企业在民爆物品的供给、运输、需求等方面实行信息验证、公示制度。通过信息公示,增强企业涉爆行为的公开性、透明化,以预防企业从事违反危险物品管理的活动,压缩非法涉爆企业的生存空间,防止民用爆炸物品被非法爆破行为利用。     

论海域使用权创设制度的立法完善

《海域使用管理法》建立了“审批为主、招标拍卖为辅”的海域使用权创设方式,以及“颁发海域使用权证书并向社会公告”的海域使用权公示制度。这一海域使用权创设方式存在缺陷,应该从以下四个方面予以完善：限制行政审批、鼓励竞争出让;允许以挂牌和协议方式出让;规定海域使用权出让合同;以登记时间作为海域使用权取得时间。